Gallo v. Apollon City Corp.

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Queens County (Dye, J.), dated October 25, 1999, which denied its motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiff, an employee of the third-party defendant Prime Care Medical Supplies, Inc. (hereinafter Prime Care), commenced this action to recover damages for injuries sustained when he fell from a storage loft in a warehouse leased by Prime Care and…